This chapter examines three regimes that form part of the legal framework that governs the way agricultural products are described and labelled. It first considers the scheme developed by the European Union to regulate protected designations of origin (PDOs) and protected geographical indications (PGIs). It then discusses the traditional specialities guaranteed scheme that aims to protect the names of traditional foods and recipes, as well as the optional quality terms scheme that was introduced in 2013. It covers important international treaties that have an impact upon the legal regulation of geographical indications, including the 1994 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The chapter concludes by looking at situations in which a registered name will be infringed (or misused), together with the scope of protection against infringement.
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L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter examines the sui generis protection of geographical indications (GIs) in the UK. It describes the historical origins of and justifications for such regimes, which developed around wine protection. It then describes the major international treaties in this area, while indicating the importance of bilateral agreements. Drawing on the Quality Schemes Regulation for agricultural products and foodstuffs, the chapter outlines the basic features of registration-based protection for wines, spirits, aromatised wines, and agricultural products and foodstuffs. It describes the two forms of protected signs: protected designations of origin (PDOs) and protected geographical indications (PGIs). The chapter concludes by looking at situations in which a registered name will be infringed (or misused), together with the scope of protection against infringement.
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L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the ways in which the European Union is involved in intellectual property law, such as its involvement in negotiating and signing treaties. Finally, it looks at the European Economic Area and non-EU regional initiatives on intellectual property, as well as the implications of Brexit.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the philosophical and justificatory context in which intellectual property rights (IPRs) have developed, and the international and regional frameworks that have emerged for their protection. It also considers some of the important contemporary debates surrounding IPRs, such as the interface with human rights and the notion of the public domain, and discusses how IP law might develop in the UK following its exit from the EU. There is a brief introduction on how to enforce IPRs.
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The patent is the longest-standing, best-known, and, arguably, most economically valuable form of protection of rights provided by the law of intellectual property. A patent is, in essence, the grant of a monopoly to an inventor who has used his or her skill to invent something new. Patents may cover entirely new products, enhancements to pre-existing products, or a new or improved process for performing an activity. This chapter begins with a discussion of the history and purpose of patents. It then turns to the international dimension of patents, covering the Paris Convention for the Protection of Industrial Property 1883, the Washington Patent Cooperation Treaty 1970, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the European Patent Convention, and the Patent Law Treaty. It also outlines the steps to be taken in obtaining a domestic patent.
Chapter
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the extent to which retained European Union law continues to be significant in relation to intellectual property law, including the UK-EU Trade and Cooperation Agreement and other Free Trade Agreements.
